05/09/1994 - Regular - MinutesPort Orchard, Washington
May 9, 1994
Council of the City of Port Orchard, Washington, called to regular session by
Mayor Protem John Clauson at 7:30 PM. Councilmembers present: Clauson,
Morrison, Geiger, Powers, Van Zee and Grable. Councilman Childress excused
(page 3, paragraph 8). Staff present: Police Chief Mathews, City Engineer
Curles, City Planner Brown, Fire Chief Snow, City Attorney McCloskey and City
Clerk Parks.
Mayor Protem Clauson led the audience and Council in the Pledge of Allegiance.
In response to Mayor Protem Clauson's request for audience comments for items
not listed on this agenda, the following items were introduced:
Delores Chandler, representing Farmers Market, voiced concern for
pedestrian safety regarding the reconfiguration of the Farmers Market
which allows vehicular access along the northern boundary.
Paula Sceili, 1648 Bay Street, requested Waterfront Wildlife Crossing
signs be placed along the shoreline near westbay area. Ms. Sceili
submitted information on costs and availability of signs. Mayor Protem
Clauson referred request to Street and Alley committee for review and
recommendation.
On motion by Councilman Grable, seconded by Councilman Geiger, Council
approved Consent Agenda items as follows:
a. Minutes of the following City Council meetings:
(1) April 25, 1994 Council meeting.
(2) April 27, 1994 Special meeting (Draft Comp Plan Public
Hearing)
b. Payment vouchers as follows: Claims Warrant No. 20507 - 20580 in
the amount of $72,124.08 and April Payroll Warrants No. 119655 -
119832 in the amount of $172,560.59.
C. Ordinance No. 1604 amending Ordinance No. 1586 by approving a
revised site plan for the South Kitsap Health Care Campus located
in the 400 block of Tremont Street West; east of SR 16, between
Tremont Street and Pottery Avenue (N.L. Olson and Associates,
representing Harrison Hospital.)
d. Authorization for Mayor to sign agreement with West CD-ROM
Libraries to obtain RCW, WAC and WA Case Law Annotation on CD-ROM
software for the Municipal Court.
On motion by Councilman Morrison, seconded by Councilwoman Powers, Council
removed from the table, discussion on proposed work release site and proposed
Memo of Understanding.
Doreen Geiger, Department of Corrections, outlined the Department of
Corrections preference for a long term lease with the City, regarding the
location of the proposed work release facility. City Attorney McCloskey
informed Council that Third Class Cities can not enter into a long term lease.
However, if the property is surplused to the needs of the City it could be
May 9, 1994
Page 2 of 4
sold to the Department of Corrections. After much discussion, Council and
Ms. Geiger agreed to amend the Memorandum of Understanding to provide that if
a sale does not take place, neither party shall be held responsible for the
expenditures of the other party.
Councilman Morrison moved to authorize the Mayor to sign the amended
Memorandum of Understanding with the State of Washington Department of
Corrections relevant to the Department of Corrections process, to acquire land
for work release facility on Citx property located on Old Clifton Road. M c+ien
r-c4c?cL by 60Gr) ck( U; orrc" PCB,)�s ck-n-j c0.Y- r (mod e
Mayor Protem Clauson opened public hearing regarding application for Zone
Reclassification as submitted by W. Darrell and Millie Cullimore. Request is
to allow the conversion of a church into a tuxedo and dress shop. Councilman
Van Zee stepped down from Council table due to conflict of interest. LEGAL
DESCRIPTION: Attachment "A".
City Planner, Donna Brown, briefed Council on Planning Commission's public
hearing and recommendation against the rezone with the suggestion that Council
has the authority to modify application and approve as a Special Use Permit.
Mayor Protem Clauson requested public input for or against the Cullimore
Rezone Application.
Darrell Cullimore) applicant, spoke in support of application summarizing the
bridal & tux store operations. Mr. Cullimore also addressed the desire to
preserve this historic 1890`s building and the use as a bridal & tux shop
would be an appropriate use and compatible with the neighborhood.
Ava McClintock, 614 Dekalb, supported approval of the Cullimore Application
under a Special Use Permit.
Mrs. Forest Adkins voiced concern on the preservation of the residential
neighborhood, speaking against approval of a commercial rezone. Mrs. Adkins
did support issuance of a Special Use Permit to allow the bridal & tux shop at
322 Cline Avenue.
Elizabeth Cottrel, reiterated opposition to commercial zoning but spoke in
favor of a Special Use Permit.
Mayor Protem Clauson called for additional public input for or against the
Application for Zone Reclassification as submitted by W. Darrell and Millie
Cullimore. As no further response was received, Mayor Protem Clauson closed
the Public Hearing and referred matter to Council for consideration.
On motion by Councilman Geiger, seconded by Councilman Morrison, Council moved
to modify application as submitted by W. Darrell and Millie Cullimore from a
Zone Reclassification to a Special Use Permit Application in accordance with
the zoning ordinance. Public Hearing will be reopened on June 13, 1994 at
7:35 PM to take testimony and consider the modified Special Use Permit
Application. The Cullimore application is requesting to locate a bridal and
tux shop in an existing church structure at 322 Cline Avenue.
May 9, 1994
Page 3 of 4
Mayor Protem Clauson called for a five minute recess at 8:15 PM
Mayor Weatherill reconvened Council meeting at 8:20 PM.
James Tracy, attorney representing Dick Brown, et al., addressed Council
regarding the matter of vacating or a quite title transfer of an undeveloped
portion of Perry Avenue to Doyle Marry. At the request of Mr. Tracy, Mayor
Weatherill administer oath and Mr. Tracy swore that all the testimony he was
submitting was the truth and factual statements. After lengthy discussion
which included, but was not necessarily limited to, 1889/1890 right of way
statutes and amending 1909 statues, legal aspects of matter and prospective
alternatives, Mr. Tracy requested City to respond in writing to their request
for resolution of the Perry Avenue right of way situation.
Council members requested City Attorney and City Engineer summarize applicable
laws, alternatives to resolve the Lawrence/Perry Street right of way matter
and also address potential future use of this public right of way.
City Engineer Curles submitted report as prepared by consultant, David Evans &
Associates on the Call for Bids on the Port Orchard Bypass Canyon Court to
Bethel Road widening project. All bids were accompanied by required bid bond.
Bids were received as follows:
Ace Paving
Hilltop Construction Co.
Tucci and Sons
Palmer Construction
Associated Sand & Gravel
Tri-State Construction
ENGINEER'S ESTIMATE
921,158.50
969,163.30
1,036,175.15
983,628.00
858,303.00
1,036,825.25
$1,297,310.00
On motion by Councilman Clauson, seconded by Councilman Morrison, Council
accepted the bidding on the Port Orchard Bypass, Canyon Court to Bethel Road
Widening Project and awarded the project contract to Associated Sand and
Gravel in the amount of their low bid $858,3030.00.
Councilman Morrison moved to excuse Councilman Childress from this meeting,
seconded by Councilman Clauson and carried.
City Planner Brown reminded Council and staff that the next continued public
hearing session on the Draft Comprehensive Plan is scheduled for May 11, 1994
at 7:30 PM.
On motion by Councilman Geiger, seconded by Councilman Van Zee, Council
authorized the City Engineer to proceed with necessary slope easement and Quit
Claim Deed document to clarify legal description in the vicinity of Pottery
Avenue and Tremont Street intersection.
May 9, 1994
Page 4 of 4
Councilman Morrison moved to authorize the City Engineer to advertise plans
and specifications to repair the DeKalb Street waterway rip rap, seconded by
Councilman Grable and carried.
On motion by Councilman Clauson, seconded by Councilman Morrison, Council
authorized the City Engineer to advertise plans and specifications to
construct a concrete handicap access ramp, replace the front door and restroom
door at the Municipal Court, 736 Prospect Street.
On motion by Councilman Powers, seconded by Councilman Grable, Council
authorized the City Engineer to advertise plans and specifications to
construct a precast concrete restroom at Central Playfield, 915 Dwight Street.
Councilman Geiger moved to authorize the City Engineer to proceed with the
construction of the municipal portion of the Sedgwick Sewer Main extension and
retain Fred Kegel and Associates to assist in design preparation and
construction layout, seconded by Councilman Clauson and carried.
Council designated Sinclair Inlet Water Shed Action Plan as topic of June 6
Study Session. The Watershed Action Committee has requested Council
concurrence on the Plan.
At the request of the City Engineer, Councilman Clauson moved to declare the
(1) 1979 Chevrolet Impala VIN #1L69L9C163903, City Tag #2-31 (building
inspector vehicle); (2) Unitrex 1200 Calculator with carry case, Serial No.
D27K78671, City Tag #1-28; (3) Monroe 1405 Calculator, Serial No. F972173,
City Tag #1-52; (4) Computer Modem CMS 2400BX, Serial No. 3028931; (5) and
broken air conditioner as surplus to the needs of the City and authorized the
City Engineer to dispose of these items in the best interest of the City,
seconded by Councilman Grable and carried.
On motion By Councilman Clauson, seconded by Councilman Grable, Council
authorized the City Engineer to retain Parametrix to prepare design and
operati.on plan to dispose of bio-solids at the landfill at a cost of
approximately $10,000.
Meeting adjourned at 9:55 PM
22
CITY CLERK
MAYOR WEATHERILL
C-1
�1 re-
',,d6HN CLAUSON, MAYOR PROTEM